Agenda item

PRE-DECISION SCRUTINY OF EXECUTIVE REPORTS

Members of the Committee are requested to bring their copy of the agenda for the Executive meeting on 27 March 2024.

 

The Executive, Resources and Contracts PDS Committee will be looking at the following items on the Executive Agenda:

 

·  Budget Monitoring 2023/24

·  Second Homes Premium (to follow)

·  Biggin Hill Update

·  OPR Award of Contracts for Multidisciplinary Services

Minutes:

The Committee considered the following reports on the Part 1 agenda for the meeting of the Executive on 27 March 2024:

 

(5)

BUDGET MONITORING 2023/24

Report FSD24027

 

The report provided the third budget monitoring position for 2023/24 based on expenditure and activity levels up to the end of December 2024. The report also highlighted any significant variations which would impact on future years as well as any early warnings that could impact on the final year end position.

In response to a question, the Director of Finance noted that the Transformation Programme had been in place for quite a while.  Future budget monitoring reports would make more explicit reference to mitigation savings and instances where transformation savings had not been achieved.  Concerns remained around the scale of growth, and this would need to be monitored closely.

Statutory services continued to pose challenges and lobbying continued at all levels.  If pressures continued there would be no flexibility to balance the budget.

RESOLVED: That Executive be recommended to:

1. Consider the latest financial position.

2.  Note that a projected net overspend on services of £14,206k is forecast based on information as at December 2023.

3.  Note the comments from Chief Officers detailed in Appendix 2.

4.  Note the projected reduction to the General Fund balance of £147k as detailed in section 3.3 of the report.

5.  Note the full year cost pressures of £21.1m as detailed in section 3.4 of the report.

6.  Agree the release of funding from the 2023/24 central contingency as detailed in paragraphs 3.2.2 to 3.2.5 of the report.

7.  Agree the set aside of £2.2m into an earmarked reserve to support the revenue budget for 2025/26 as detailed in section 3.8 of the report.

8.  Note the issues regarding the Community Equipment contract as detailed in paragraph 3.9 and in Part 2 of this report.

9.  Identify any issues that should be referred to individual Portfolio Holders for further action.

10.Approve additional funding DSG funding of £470k to strengthen early support for Speech and Language services in key local schools, which will for early identification and intervention for a trial period of one year. This investment is expected to generate greater savings (in excess of £470k) to reduce the DSG Deficit.

To note that the outcome of the additional investment will be reported back to members in considering options for ongoing funding.

 

(6)

SECOND HOMES PREMIUM

Report FSD24030

The report set out a proposal that a Second Home Premium was introduced from April 2025.

Members requested that the following details be circulated after the meeting:

  1. A breakdown of the £6k+ cost of the consultation.
  2. Confirmation of whether the Empty Homes Premium would be increasing (in line with the changes introduced by government) alongside the introduction of the Second Homes Premium.

RESOLVED: That the Executive be recommended to

1.  Consider the responses to the public consultation exercise at Appendix 1 of the report.

 

2.  Consider the Equality Impact Assessment.

 

3.  Approve the introduction of the 100% Second Home Premium from April 2025.

 

(12)

BIGGIN HILL UPDATE

 

At the meeting of the Executive on 8 February 2023, officers, in consultation with the Portfolio Holder for Resources, Commissioning and Contract Management, were authorised to work with Biggin Hill Airport Limited (BHAL) regarding the Noise Action Plan (NAP), with the objective of agreeing measures to improve the situation for residents under the flightpath.

An update was provided back to the Executive on 20 September 2023 which noted that correspondence with BHAL was ongoing. It was agreed that a further update would be provided back to the Executive after six months in 2024 and that if no substantive progress had been made by this point, alternative options for progressing matters would be reported.

In opening the discussion, the Chairman commended Officers on the work that had been undertaken and the quality of the report. The Chairman noted that, on the whole, the report had been received positively by residents.

The Chairman noted that Biggin Hill Airport Limited (BHAL) had previously been invited to attend the committee and the invitation had been declined.  Representatives of BHAL could be invited again and in the interests of balance representatives from Flightpath Watch would also be invited.

In response to questions, the Airport Monitoring Officer explained that Appendix 1 to the report set out areas where there had been significant progress as a result of the negotiations, some areas where there was much more work to be done and other areas where the position had moved on and there was nothing further that could be done or work was ongoing and would remain ongoing.  It was agreed that a revised table, providing details of how many of the original NAP actions had been completed, should be circulated to Members following the meeting.

The Committee also noted that the intention was that any fines for infringements of the rules around aircraft noise would form a fund administered by LBB for projects under the flightpath.

In response to a question around whether the minutes of the Airport Consultative Committee were published in a timely manner, the Airport Monitoring Officer confirmed that reports were published online with minutes being published once approved at the following meeting.

Visiting Member, Councillor Jonathan Andrews, ward councillor for Darwin Ward addressed the Committee and noted that residents across Darwin ward had raised concerns around issues such as excessive noise and pollution.  It was emphasised that these were issues that residents took seriously, although it had appeared that the most recent committee report had been received positively.  It was important that the Council, as landlord, got the NAP right and there was a need to reflect and address the concerns of residents.  There was support for the proposal that if BHAL exceeded 50,000 movement without the NAP review being completed the Council would take legal action.  It was felt that this was an example of the strong stance that was needed.  The Ward Member also suggested that it would be helpful to have a new NAP document setting out clear expectations.

Members of the Committee noted that whilst the report was excellent, it felt as if the Committee was going round in circles.  When the issue was last debated at Committee a long stop end date of the end of 2023 had been agreed.  This date had long since passed with no progress being made on the revised Noise Action Plan (NAP) and no indication of when a revised NAP would be presented to Committee.  Residents were keen to see a revised NAP in place and it was suggested that the time had come to implement a timeframe for progress as residents wanted to see consequences for the ongoing prevarication.

Another Member noted that they had spoken on the Biggin Hill issue many times in the Council Chamber and they felt that BHAL had been consistently non-co-operative.  Councillors wanted local businesses to do well, but the effect of the airport on the lives of many local residents could not be ignored.  The Council was keen to work alongside BHAL to ensure they had a successful business whilst also ensuring that residents were not inconvenienced.  The Member noted that Appendix 1 to the report seemed to show 20 pages of actions that had not been completed.  The Member felt that this highlighted how BHAL had conducted itself.  The Member welcomed the tougher stance that was being taken by the Council and paid tribute to the many local residents who had maintained pressure on BHAL suggesting that there was a need to ensure this pressure was maintained.

Another Member highlighted that, with respect to issues around pollution, BHAL were trialling an air quality monitoring system.  It was noted that BHAL had worked hard at getting the most recent review of the NAP right.

In drawing the debate to a close, the Chairman noted that it was confusing to have three separate documents and at the conclusion of the review process the Council should look to have all three documents cross-referenced in one place along with a list of obligations under the lease.

The Committee endorsed the recommendations set out in the report to Executive and agreed the additional resolutions as follows:

1.  Representatives from BHAL and Flightpath Watch should be invited to address the Executive Resources and Contracts PDS Committee at the earliest opportunity.  BHAL should be asked to outline their position on the reasons for not accepting the requirements the Council for completing the NAP review.

2.  Officers should be requested to provide an interim report and action plan setting out the alternative options for progressing matters in the absence of an agreement between the Council and BHAL by the June meeting of the Executive with a full report on the progress of negotiations in September 2024.

3.  The Council should work with BHAL to combine the terms of the Lease, NAP and the Management Information Letter (MIL) into a single clear document, or alternatively cross-reference these documents in one place alongside a list of obligations of each party.

 

RESOLVED: That

1.  Representatives from BHAL and Flightpath Watch should be invited to address the Executive Resources and Contracts PDS Committee at the earliest opportunity.  BHAL should be asked to outline their position on the reasons for not accepting the requirements the Council for completing the NAP review.

 

2.  Officers should be requested to provide an interim report and action plan setting out the alternative options for progressing matters in the absence of an agreement between the Council and BHAL by the June meeting of the Executive with a full report on the progress of negotiations in September 2024.

 

3.  The Council should work with BHAL to combine the terms of the Lease, NAP and the Management Information Letter (MIL) into a single clear document, or alternatively cross-reference these documents in one place alongside a list of obligations of each party.

 

4.  Executive be recommended to agree the recommendations in the report as follows:

 

a)  Note that BHAL are expected to shortly submit a revised proposal for an alternative instrument approach to runway 03 to the Civil Aviation Authority (CAA), which would be understood to have noise reduction benefits for residents under the flightpath.

b)  Note the progress that BHAL have made towards a NAP review and that an assessment has been made of this progress and remaining requirements for completing the NAP review.

c)  Note that a series of meetings were held between the Council and BHAL but that no agreement was reached between the two parties, although the option for further meetings remains open.

d)  Note that following the meetings with BHAL, the Council has written to BHAL to reiterate the Council’s requirements for completing the NAP review. The Council outlined that the NAP review is not considered to be complete without meeting these requirements and that while the NAP review is incomplete, the 50,000 aircraft movements cap remains in force at the airport.

e)   Agree that if BHAL exceed 50,000 movements without the NAP review being complete, the Council will take legal action to protect the Council’s position and in support of residents, as detailed in Part 2.

 

(13)

OPR AWARD OF CONTRACTS FOR MULTIDISCIPLINARY SERVICES

 

In November 2023 the Executive approved the procurement of further design led multidisciplinary consultancy services to support the delivery of the OPR Programme.

 

This report sought approval to award a consultancy services contract to the successful bidders following the tender process.

 

This report also provided an update on the progress of the surface car parks workstream.

 

The Committee noted that once the programme of works had been confirmed (by late Spring), details of works could be sent to Ward Councillors to enable them to provide details to any local residents affected by the works.

 

RESOLVED: That Executive be recommended to

 

  1. Note the contents of this report.

 

  1. Approve the award of a Multidisciplinary Consultancy Services Contract for the OPR Programme to the successful bidders as detailed in Part Two of this report.